If you've been arrested for DUI in the Chicago area, but don't think you were impaired by the alcohol you consumed, you're going to need an attorney right away. Give us a call at 800-454-4Law or 800-454-4529.
Showing posts with label illinois. Show all posts
Showing posts with label illinois. Show all posts
Tuesday, January 1, 2013
Is drinking and driving the same thing as DUI in Illinois?
Maybe you had a drink at dinner. Or you toasted the bride at a wedding. Perhaps you just enjoyed a beer with a friend. Under Illinois DUI law, is it illegal to drive home after you've had that drink? Many people automatically assume drinking and driving is DUI. But the answer may surprise you . . .
If you've been arrested for DUI in the Chicago area, but don't think you were impaired by the alcohol you consumed, you're going to need an attorney right away. Give us a call at 800-454-4Law or 800-454-4529.
If you've been arrested for DUI in the Chicago area, but don't think you were impaired by the alcohol you consumed, you're going to need an attorney right away. Give us a call at 800-454-4Law or 800-454-4529.
Tuesday, October 23, 2012
Carlton Fisk arrested for DUI in Illinois
Say it ain't so, Carlton! The ex-Chicago White Sox Hall of Famer was apparently asleep behind the wheel, off the road in a cornfield. He was transported to the hospital according to reports, and was disoriented. Police found an open bottle of alcohol in the car.
The catcher's DUI attorneys may have fertile ground to challenge many aspects of this case, and we'll be curious to see what develops.
Ex-Sox catcher Carlton Fisk arrested for DUI
The catcher's DUI attorneys may have fertile ground to challenge many aspects of this case, and we'll be curious to see what develops.
Ex-Sox catcher Carlton Fisk arrested for DUI
Sunday, September 16, 2012
Don't drink and drive! 'Cause that's DUI. Really? No.
I'm going to say something about DUI law that might sound controversial. It isn't though - it just sounds that way. And that's because of the outrageous, emotionally exploitative mantra you've heard over and over. Say it with me . . .
DON'T DRINK AND DRIVE
. . . oh, didn't catch that one? Maybe you've heard . . .
YOU DRINK, YOU DRIVE, YOU LOSE
Of course, there have been other great variants. They do their job well. They are catchy, they drive home the idea that . . . wait, what idea do they drive home exactly?
I'll tell you. The idea they drive home is that if you've consumed any alcohol whatsoever, even if you are in no way affected by it, someone (someone angry in uniform with a gun) is coming to get you because society won't tolerate it.
That's the message, but that's going too far. The truth is that unless it is otherwise illegal for you to consume alcohol, drinking and driving is not DUI, and you shouldn't lose a thing. Drinking to the point that your judgement is affected, your coordination, your sense of timing, your reaction time . . . that's what's important. Why not just say that?
It's not catchy, is it?
Want to learn more? Watch the video:
DON'T DRINK AND DRIVE
. . . oh, didn't catch that one? Maybe you've heard . . .
YOU DRINK, YOU DRIVE, YOU LOSE
Of course, there have been other great variants. They do their job well. They are catchy, they drive home the idea that . . . wait, what idea do they drive home exactly?
I'll tell you. The idea they drive home is that if you've consumed any alcohol whatsoever, even if you are in no way affected by it, someone (someone angry in uniform with a gun) is coming to get you because society won't tolerate it.
That's the message, but that's going too far. The truth is that unless it is otherwise illegal for you to consume alcohol, drinking and driving is not DUI, and you shouldn't lose a thing. Drinking to the point that your judgement is affected, your coordination, your sense of timing, your reaction time . . . that's what's important. Why not just say that?
It's not catchy, is it?
Want to learn more? Watch the video:
Wednesday, August 22, 2012
How long is your Illinois Driver's License Suspension if this IS NOT your first DUI?
A police officer arrests you for DUI in Illinois. After the officer has formed the belief you have been driving under the influence of alcohol, cannabis (marijuana), methamphetamine or some other intoxicating substance, he seems to be under the impression you can understand it if he reads you a bunch of legalese about driver's license suspensions. He refuses to explain any of it "sorry bro, I can't" and hands you a stack of papers.
Later, you realize . . . this means trouble.
Your drivers license is going to be suspended. But you've had a DUI before - so for how long is this suspension supposed to be?
Watch and learn, then call us.
Later, you realize . . . this means trouble.
Your drivers license is going to be suspended. But you've had a DUI before - so for how long is this suspension supposed to be?
Watch and learn, then call us.
Tuesday, August 21, 2012
Skokie has DUI Roadblocks scheduled for Labor day
Many municipalities will have DUI roadblocks, known in Illinois as Roadside Safety Checks (but we know what they are, don't we?), and we'll post what know about here.
For now, know that the Skokie police department will be out in force making DUI arrests on the following dates, times and locations.- Friday, Aug. 24 – 25, 2012, 11:15 p.m. – 3:15 a.m., 5005 Dempster St., Skokie IL
- Sunday, Sept. 02 – 03, 2012, 11:15 p.m. – 3:15 a.m., 5200 Touhy Ave, Skokie IL
Here's the original publication in Skokie's "Patch" -
Seat Belt, DUI Checkpoints Scheduled for Labor Day Weekend
Wednesday, August 1, 2012
First DUI Arrest? How long will that Statutory Summary Suspension last?
It was a bad night. A police officer has just arrested you for DUI in Chicago, maybe in the suburbs or on the highway by the Illinois State police or some local police department. You're tired. You're confused. You're scared. Maybe you had something to drink or smoke (allegedly).
And then the officer reads you a bunch of stuff and hands you some papers. Maybe you'll even try to read them.
When arrested for DUI in Illinois, you're supposed to be warned that if you take a breath test or a blood or urine test and show a positive result, you'll be suspended for a certain amount of time. You're supposed to be told that if you refuse any test, that changes the amount of time.
Here's what you need to know to decipher all that mess.
And then the officer reads you a bunch of stuff and hands you some papers. Maybe you'll even try to read them.
When arrested for DUI in Illinois, you're supposed to be warned that if you take a breath test or a blood or urine test and show a positive result, you'll be suspended for a certain amount of time. You're supposed to be told that if you refuse any test, that changes the amount of time.
Here's what you need to know to decipher all that mess.
Friday, July 27, 2012
Do you need a lawyer for your DUI arrest in Illinois?
Subtitle: Do you need a cardio-thoracic surgeon or will you be performing your own heart surgery today?
Really. That's about the size of it. DUI in Illinois has so many potentially far-ranging consequences that it makes the question seem almost silly. In fact, if for some strange reason you appear at your first court appearance without an Illinois DUI lawyer, the very first thing you'll likely hear from the Judge is "where is your attorney?"
That isn't the Judge being smart-alecky (though some members of the bench are pretty adept at that). If you tell a Judge you don't have an attorney for a DUI, watch their face as they attempt to stop themselves from rolling their eyes. Most of the time they'll be successful just because they're too busy, but sometimes you might catch them in the act.
DUI isn't a traffic case. It isn't a criminal case. It isn't a seminar on forensic science. It isn't civil litigation. No, in Illinois, it's all those things and more. There are aspects of every one of those fields involved, and punishments range from the civil, such as driver's license suspension or revocation, to the criminal, including jail or prison time, significant fines, community service, and alcohol or substance treatment. DUI can affect your future employment prospects, social standing, and where applicable, immigration status.
In short, you need a lawyer. A lawyer that focusses on defense of DUI.
Now.
Really. That's about the size of it. DUI in Illinois has so many potentially far-ranging consequences that it makes the question seem almost silly. In fact, if for some strange reason you appear at your first court appearance without an Illinois DUI lawyer, the very first thing you'll likely hear from the Judge is "where is your attorney?"
That isn't the Judge being smart-alecky (though some members of the bench are pretty adept at that). If you tell a Judge you don't have an attorney for a DUI, watch their face as they attempt to stop themselves from rolling their eyes. Most of the time they'll be successful just because they're too busy, but sometimes you might catch them in the act.
DUI isn't a traffic case. It isn't a criminal case. It isn't a seminar on forensic science. It isn't civil litigation. No, in Illinois, it's all those things and more. There are aspects of every one of those fields involved, and punishments range from the civil, such as driver's license suspension or revocation, to the criminal, including jail or prison time, significant fines, community service, and alcohol or substance treatment. DUI can affect your future employment prospects, social standing, and where applicable, immigration status.
In short, you need a lawyer. A lawyer that focusses on defense of DUI.
Now.
Friday, July 13, 2012
Does a DUI suspension begin immediately after a DUI arrest?
A DUI arrest in Illinois is scary enough. Then you might hear an officer or some well-meaning soul telling you (or implying) that your driver's license is going to be suspended right away. But that's just what happens.
Before you wonder how you're going to get to work, school, the grocery store, the doctor in the morning, take a peek at this:
Then give us a call at 847-635-8200, email us at office@ffdlawyers.com.
Before you wonder how you're going to get to work, school, the grocery store, the doctor in the morning, take a peek at this:
Then give us a call at 847-635-8200, email us at office@ffdlawyers.com.
Friday, May 4, 2012
Gotta go on Cinco de Mayo? You might get arrested for DUI!
A recent study likened the impairing effects of need to use the facilities as similar to those exhibited when driving under the influence of alcohol.
Put aside for the moment the quality of that research and think about that.
Are you likely to drink and then afterwards drive this May 5 for Cinco de Mayo? That's legal as long as you haven't drunk to the point you're intoxicated, but even so, you might just need to hit the john before you get going, or risk your local Illinois police officer mistaking your little dance for evidence of a DUI.
Drive safe and smart, and remember to call Fagan, Fagan & Davis at (847) 635-8200 if you need help!
Study says having to pee at the wheel is like driving drunk - MSN.com
Put aside for the moment the quality of that research and think about that.
Are you likely to drink and then afterwards drive this May 5 for Cinco de Mayo? That's legal as long as you haven't drunk to the point you're intoxicated, but even so, you might just need to hit the john before you get going, or risk your local Illinois police officer mistaking your little dance for evidence of a DUI.
Drive safe and smart, and remember to call Fagan, Fagan & Davis at (847) 635-8200 if you need help!
Study says having to pee at the wheel is like driving drunk - MSN.com
Wednesday, August 31, 2011
Is refusing to submit to DUI breath testing in Illinois good advice?
Probably one of the most common questions we get at Fagan, Fagan & Davis is "if I'm stopped for DUI in Illinois, should I take the breath test?" This is always a tough one. Part of the problem is that people don't know what to expect.
Certainly, drinking and driving is not illegal.
Go ahead, read that again and get it over with . . . you know you want to.
The legal limit is 0.08, true enough, but that's just a number - a bright line drawn almost arbitrarily. Not everyone is necessarily impaired at that level in fact, but in law, all states have passed laws to support the legal fiction that it is. So what is a person to do when confronted with the guessing game of figuring out whether they're anywhere near or over that arbitrary 0.08 number on the street in the middle of the night after being confronted by a rather . . . well, confrontational police officer?
Let's see what a State's Attorney has to say about the effect of refusing to submit to breath testing has on the ability to prosecute DuPage county DUI cases.
In a press release promising the latest "no refusal" weekend the State's Attorney notes that "refusal can make it more difficult to prosecute DUI cases."
He's quite right, of course.
However, when we advise clients not to submit to breath testing (or to submit to any performance tests either for that matter), the purpose isn't to frustrate prosecution. Given the amount of public pressure put on police and prosecutors by organizations such as MADD or AAIM, DUI is prosecuted aggressively. That starts on the street, where officers who observe even a slight odor of alcohol are highly reluctant to let anyone drive away. Motorists need to expect the police are out looking for DUI, but they do not have any obligation to assist in their collection of evidence. Polite and cooperative is quite enough, including a polite refusal to take any tests including a breath or chemical test (unless you've consumed absolutely no alcohol, have not consumed any food or beverage of any kind within about 20 minutes and are the picture of perfect health).
As for "no refusal" weekends, what to do? In our opinion, don't take the field sobriety tests, refuse to answer any questions regarding anything not contained on your driver's license, insurance or registration (which the police are entitled to see), and finally . . . make them get the warrant.
One last thing. Unless you want to risk a charge of obstruction of justice or resisting arrest, when the officer tells you to exit the vehicle, do so.
Certainly, drinking and driving is not illegal.
Go ahead, read that again and get it over with . . . you know you want to.
The legal limit is 0.08, true enough, but that's just a number - a bright line drawn almost arbitrarily. Not everyone is necessarily impaired at that level in fact, but in law, all states have passed laws to support the legal fiction that it is. So what is a person to do when confronted with the guessing game of figuring out whether they're anywhere near or over that arbitrary 0.08 number on the street in the middle of the night after being confronted by a rather . . . well, confrontational police officer?
Let's see what a State's Attorney has to say about the effect of refusing to submit to breath testing has on the ability to prosecute DuPage county DUI cases.
In a press release promising the latest "no refusal" weekend the State's Attorney notes that "refusal can make it more difficult to prosecute DUI cases."
He's quite right, of course.
However, when we advise clients not to submit to breath testing (or to submit to any performance tests either for that matter), the purpose isn't to frustrate prosecution. Given the amount of public pressure put on police and prosecutors by organizations such as MADD or AAIM, DUI is prosecuted aggressively. That starts on the street, where officers who observe even a slight odor of alcohol are highly reluctant to let anyone drive away. Motorists need to expect the police are out looking for DUI, but they do not have any obligation to assist in their collection of evidence. Polite and cooperative is quite enough, including a polite refusal to take any tests including a breath or chemical test (unless you've consumed absolutely no alcohol, have not consumed any food or beverage of any kind within about 20 minutes and are the picture of perfect health).
As for "no refusal" weekends, what to do? In our opinion, don't take the field sobriety tests, refuse to answer any questions regarding anything not contained on your driver's license, insurance or registration (which the police are entitled to see), and finally . . . make them get the warrant.
One last thing. Unless you want to risk a charge of obstruction of justice or resisting arrest, when the officer tells you to exit the vehicle, do so.
Tuesday, August 24, 2010
Illinois DUI fatalities decline . . . steadily since 2002.
According to a press release today by the Illinois Government News Network, "The Illinois Department of Transportation (IDOT), Division of Traffic Safety today released data showing a lower number of alcohol-involved, motor vehicle fatalities in Illinois. The reduction in alcohol-involved fatalities has occurred steadily since 2002 with the largest decline occurring between 2007 and 2008."
Additionally, "According to data from IDOT and the National Highway Traffic Safety Administration (NHTSA), the number of motor vehicle fatalities involving a drinking driver declined modestly but steadily from 2002 through 2008, culminating with a 16-percent decrease between 2007 and 2008. The number of fatalities involving a legally impaired driver (0.08 BAC and above) also declined from 2002 through 2008, and the total number of fatalities decreased by 77 between 2007 and 2008, a reduction of about 18 percent.
Another encouraging sign of improvement is the reduction in the Illinois’ alcohol-related fatality rate, the ratio of alcohol-involved fatalities to total annual vehicle miles traveled (VMT) in Illinois. This rate has been above 0.50 for several years in Illinois, but fell to 0.48 in 2007 and to a low of 0.41 in 2008."
So read that bit again. The number of fatalities involving motorists legally impaired (including those not caused by the impaired motorist) has steadily declined since 2002. Meanwhile, the last 3 years has seen increasingly tougher laws and penalties related to DUI. If decline has been steady between 2002 and the start of this toughening of laws, one has to ask . . . why change laws that worked?
Additionally, "According to data from IDOT and the National Highway Traffic Safety Administration (NHTSA), the number of motor vehicle fatalities involving a drinking driver declined modestly but steadily from 2002 through 2008, culminating with a 16-percent decrease between 2007 and 2008. The number of fatalities involving a legally impaired driver (0.08 BAC and above) also declined from 2002 through 2008, and the total number of fatalities decreased by 77 between 2007 and 2008, a reduction of about 18 percent.
Another encouraging sign of improvement is the reduction in the Illinois’ alcohol-related fatality rate, the ratio of alcohol-involved fatalities to total annual vehicle miles traveled (VMT) in Illinois. This rate has been above 0.50 for several years in Illinois, but fell to 0.48 in 2007 and to a low of 0.41 in 2008."
So read that bit again. The number of fatalities involving motorists legally impaired (including those not caused by the impaired motorist) has steadily declined since 2002. Meanwhile, the last 3 years has seen increasingly tougher laws and penalties related to DUI. If decline has been steady between 2002 and the start of this toughening of laws, one has to ask . . . why change laws that worked?
Tuesday, January 26, 2010
The basics of Illinois DUI Suspension law
Among the most common questions I get have to do with confusion about a very important part of DUI law in Illinois, so I'll post an explanation here to try to explain (briefly) how DUI license suspension works in Illinois. While this information is consistent whether you face a Chicago DUI arrest, DUI in Lake county or elsewhere, nothing can replace an explanation by your lawyer in the context of your case, but I hope this helps.
DUI charges in Illinois usually involves a component called a statutory summary suspension. Statutory summary suspension means that the Secretary of State of Illinois, by law, is required to suspend the license of a motorist arrested for DUI in Illinois. This happens if the offense took place on a public roadway within Illinois and the officer properly filled out and served the motorist with a copy of a “Notice of Statutory Summary Suspension”. The length of a suspension is determined primarily by the actions of the motorist, now under arrest for DUI.
After arrest, the officer will request any number of chemical tests, including a breath, urine or blood test. If the motorist submits to the tests requested by the officer and that test shows either an alcohol level at or above a 0.08, or the presence of any illegal substance, the length of the suspension will then be determined by the motorist’s history at the Secretary of State. The motorist will either be suspended for six months or one year, depending on their prior record.
If any test requested by the officer is refused, the length of license suspension is again determined the same way, but this time, as either a one year suspension or a three year suspension. For example, if the officer requests urine and blood tests and the motorist refuses urine but submits to blood (or the other way around), the officer will mark the Notice of Statutory Summary Suspension as a “refusal” to submit, and the Secretary of State of Illinois will be required by law to enter a suspension for either one or three years accordingly.
It is important to note that if the greater term of suspension (one year or three) applies in either a refusal or submission, no hardship permit is available. This longer term of suspension for either refusal or submission is dependent on a determination by the Secretary of State of Illinois as to whether the motorist arrested for DUI has, within the previous five years, either been suspended as a result of a DUI arrest or been arrested and found guilty of a DUI.
It is important to remember that the suspension is administrative, and although it can be challenged in the same Court where the DUI criminal charges will be heard, it is a completely separate case. In fact, under Illinois law, Statutory Summary Suspension hearings are civil, as opposed to Illinois DUI charges, which are criminal in nature.
Thursday, August 13, 2009
6 months jail for yawning in an Illinois criminal courtroom
As a lawyer, it surprises me sometimes when people call or visit my office seeking legal advice, then ask "do I need a lawyer for this?" My typical response is that my younger brothers all grew up with the law at their breakfast table (Dad is a lawyer, and as such, frequently worked through dinner - I wasn't paying attention to that fact and here I am), but I wouldn't send any of them to court alone for a speeding ticket.
Now, thanks to an Illinois criminal court Judge, I have another example why apparently, not even observers attending court in support of a loved one are safe when entering a courtroom:
Judge sentences man to 6 months in jail for yawning -- chicagotribune.com
Posted using ShareThis
Now, thanks to an Illinois criminal court Judge, I have another example why apparently, not even observers attending court in support of a loved one are safe when entering a courtroom:
Judge sentences man to 6 months in jail for yawning -- chicagotribune.com
Posted using ShareThis
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